Category Archives: Supreme Court

“Pennsylvania’s congressional map returns to the court”

June 20, 2022, 7:28 amredistricting, Supreme CourtRick Hasen

SCOTUSBlog: Much attention has been devoted recently to the increased calls for emergency relief from the Supreme Court in fast-paced ligation on the shadow docket. When the justices deny an emergency application, however, that is not necessarily the end… Continue reading

Breaking and Analysis: Supreme Court, with 3 Noted Dissents, Won’t Interfere with Pennsylvania Race Requiring Counting of Undated but Timely Mail-In Ballots; Justice Alito Suggests Expeditious Review Before Next Elections

June 9, 2022, 12:35 pmSupreme CourtRick Hasen

You can find the Court’s order without opinion, and Justice Alito’s dissent for himself and for Justices Gorsuch and Thomas at this link. (Thanks to Steve Mazie for the pointer.) The case involves whether a part of the Civil Rights… Continue reading

Supreme Court calls for response in cert petition relating to Michigan term limits

June 9, 2022, 7:31 amSupreme CourtDerek Muller

A petition for cert is pending before the Supreme Court in Kowall v. Benson. The Supreme Court has called for a response, which doesn’t mean they’re granting cert, but at least marginally increases the likelihood that it would do… Continue reading

Jonathan Mitchell Cert. Petition Attacking Pennsylvania Congressional Redistricting Order from State Supreme Court Namechecks Marc Elias in the Question Presented

May 24, 2022, 3:53 pmSupreme CourtRick Hasen

I’ve not seen something so ad hominem in a question presented in a cert. petition before:

Supreme Court Poised to Decide within Weeks Whether to Take Up Case Raising “Independent State Legislature” Theory–with Potential Big Implications for 2024 Elections

May 22, 2022, 2:22 pmlegislation and legislatures, redistricting, Supreme CourtRick Hasen

The Supreme Court is poised to decide before it breaks for the summer whether to hear Moore v. Harper, a case raising the question whether the North Carolina Supreme Court had the power to rein in the North Carolina… Continue reading

Support for Reforms to Court on Rise

May 18, 2022, 7:35 pmSupreme CourtTabatha Abu El-Haj

New Quinnipiac Poll shows growing support for reforms to the Court as more Americans view the Supreme Court as politicized. The focus of the poll is on the direction the Court is going with Roe v. Wade. But the Court’s… Continue reading

Breaking and Analysis: Dividing on Ideological Lines and Breaking Little New Ground in FEC v. Cruz, Supreme Court Strikes Down Another Part of McCain-Feingold law

May 16, 2022, 7:49 amcampaign finance, Supreme CourtRick Hasen

The result and lineup in today’s Supreme Court decision in FEC v. Cruz is no surprise: all the conservatives on the Court signed onto Chief Justice Roberts’ opinion holding that a loan repayment provision of the McCain-Feingold law is unconstitutional;… Continue reading

Breaking: Supreme Court, with No Noted Dissents, Turns Down Major Petition on Whether Corporations Have a Constitutional Right to Make Contributions Directly to Candidates

May 2, 2022, 6:35 amcampaign finance, Supreme CourtRick Hasen

Once again, the Supreme Court has turned down the chance to consider the constitutionality of laws limiting direct campaign contributions to candidates. The Court upheld such limits in Beaumont v. FEC but it has been under sustained attack since Citizens… Continue reading

The Conservative Case for Proportional Representation

April 29, 2022, 5:37 amalternative voting systems, redistricting, Supreme Court, Voting Rights ActNed Foley

In the wake of New York’s redistricting decision this week, Washington Post columnist Henry Olsen urges Congress to reach a bipartisan agreement to end gerrymandering and offers three ways to do that. All three deserve attention, and I suspect that… Continue reading

Must-read CNN Oped by Judge Luttig: “The Republican blueprint to steal the 2024 election”

April 27, 2022, 6:59 amchicanery, election subversion risk, electoral college, Supreme CourtRick Hasen

Judge Luttig: That objective is not somehow to rescind the 2020 election, as they would have us believe. That’s constitutionally impossible. Trump’s and the Republicans’ far more ambitious objective is to execute successfully in 2024 the very same plan… Continue reading

Supreme Court Turns Down Rhode Island Donor Disclosure Case and Alabama Case About Libertarian Party Access to Voter Lists

April 25, 2022, 7:02 amballot access, campaign finance, Supreme CourtRick Hasen

Order list.

“Democrats’ redistricting gains hit a roadblock: The Supreme Court”

April 15, 2022, 7:13 amredistricting, Supreme CourtRick Hasen

WaPo: Wisconsin Democrats thought they had won the redistricting war. They took over the governor’s office, competed in and won state judicial races and filed lawsuits as early as they could, determined to prevent another cycle of Republican-leaning maps.… Continue reading

“How Bad Could Things Get for the Voting Rights Act? The Supreme Court Just Gave Us a Preview.”

April 13, 2022, 11:34 amSupreme Court, Voting Rights ActRick Hasen

Mike Parsons and Joshua Sellers at the Harvard Law Review Blog.

“The US supreme court’s assault on voting rights hits a new low”

March 31, 2022, 7:52 amredistricting, Supreme Court, Voting Rights ActRick Hasen

Sam Levine for The Guardian: Even for experts who closely follow the US supreme court, there was something stunning about an emergency decision from the justices on Wednesday.In an unexpected move, the court decided to throw out new… Continue reading

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